Evans v. State
This text of 388 So. 2d 1366 (Evans v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Joseph Lee EVANS, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Fifth District.
Joseph Lee Evans, pro se.
No appearance for appellee.
COBB, Judge.
This is an appeal[1] from a summary denial of a Rule 3.850, Florida Rules of Criminal Procedure motion for post-conviction relief on the grounds that the 3.850 motion did not comply with the model form.[2] Contrary to the requirements of Rule 3.850, the motion did not state whether there was an appeal from the judgment or sentence and the disposition thereof, nor did the motion state whether a previous post-conviction motion had been filed and, if so, how many. The order appealed is affirmed without prejudice to defendant's filing a sufficient motion providing the required information raising the same substantive issues. See Catlett v. State, 367 So.2d 735 (Fla. 4th *1367 DCA 1979); Scott v. State, 364 So.2d 67 (Fla. 4th DCA 1978).
AFFIRMED.
FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.
NOTES
[1] Rule 9.140(g), Fla.R.App.P.
[2] The rules provide a complete fill-in-the-blanks form to assist prisoners in preparing 3.850 motions.
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388 So. 2d 1366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/evans-v-state-fladistctapp-1980.